CHINNA RAO Vs. STATE

JUDGEMENT

(1.) The instant Appeal has been instituted against the judgment dated 12.12.2012 rendered by the Principal Special Court under E.C., and NDPS Act, Chennai-104, in C.C.No.103 of 2008 whereby the appellant/accused who was charged with and tried for commission of offences under section 8 (c) r/w. 20(b) (ii) (C) of NDPS Act, 1985 and has been convicted and sentenced to undergo R.I., for 10 years and to pay a fine of Rs.1,00,000/, (Rupees One Lakh only), in default, to pay a fine amount, to undergo further R.I., for 6 months.

(2.) The case of the prosecution in a nutshell is that : On 08.02.2008, the Sub Inspector of Police, NIB, CID., Tr.Kannan was on duty in the Station, at about 10.00 a.m., he had received an information from his informant that one person was carrying ganja. The information was recorded and forwarded to the Superior Officer, by 10.15 a.m., Then, after getting permission, he along with R. Arulkumar, Head Constable (1311), S.Murugan, a Gr.I Police - 23360, and A.Peter, Head Constable left the station by 10.30 a.m., reached Moore Market car parking available near Central Railway Station, where they had seen a male standing with five rexine bags and he was identified by the informant. The Sub Inspector of Police apprehended him and enquired him. The said person replied in Telugu. The Sub Inspector, then with the help of R. Arulkumar, the Head Constable, who knew Telugu, introduced himself with the said person and enquired him. The person has stated his name as Chinnarao, aged 22 years, S/o.Balaiya, belonged to Vagaballi Village, Nurmathi Post, Gimadugula Mandalam, Vaisag District, Andhra Pradesh. Two independent witnesses, one Kumar, a car driver and Shunmugam, a fruit seller in a push cart were called as witnesses but they refused to give consent. The Sub Inspector, then nominated Head Constable, Arulkumar and Gr.I Constable Murugan as witnesses. The Sub Inspector of Police asked the accused, whether he had to be searched in the presence of Judicial Magistrate or Gazetted Officer, as the accused had a right under NDPS Act. The accused told that not necessary and the Sub Inspector, himself can conduct the search. The same was reduced into writing and the signatures of the accused and witnesses were obtained. The accused handed over all the five rexine bags one after another. The first rexine bag, printed as Action Success contained 10 kilos of Ganja, in which two 50 gram packs were collected, sealed and labelled as S1 and S2. The bulk ganja was also packed and sealed and serialized as P1. The second bag printed as Adison, contained 10 Kila grams of Ganja, two 50 grams were collected and samples were packed, sealed and labeled. They were serialized as S3 and S4. The bulk ganja was packed and sealed and serialized as P2. Another bag, printed as Adison, contained 11 kilograms of ganja, two 50 grams were collected as samples and the sample ganja was packed and sealed, the samples were labeled as S5 and S6 and the bulk was labelled as P3. The 4th bag printed as "Polo Sport", contained 8 kilo grams of Ganja, two samples, each weighing 50 grams were collected, samples and bulk were packed and sealed. Samples were labeled as S7 and S8, bulk was labeled as P4. Then, the 5th bag printed as "Reebok" was opened and found to contain 11 kilograms of Ganja. Two 50 grams of samples were collected and the samples and bulk ganja was sealed and labeled. The samples were labeled as S9 and S10 and the bulk ganja was labeled as P5. The bulk ganja and sample ganja were recovered under Mahazar by 12 a.m., and at 1.00 p.m., accused gave confession in Telugu, which was translated by Head Constable(1311), the Sub Inspector recorded the same in Tamil. The accused was arrested by 1.30 p.m., for possession of ganja without, valid licence or permit. The accused was taken to the police station by 2.00 p.m., On the basis of report submitted by the Sub Inspector of Police, U/s.57 of the NDPS Act, the Inspector has registered a case against the accused in a Cr.No.19/2008, U/s. 8 (c) r/w. 20(b)(ii)(C) of the NDPS Act. The Inspector of Police examined the witnesses after received the analysis report from the Forensic Department on 28.03.2008 and after completed the investigation he filed final report against the accused before the Special Court.

(3.) Based on the above materials objects the Special Court has framed the charges against the accused for offences under Sec. 8(c) r/w 20(b) (ii) (c) of NDPS Act 1985. The accused was denied the same in order to prove the case of the prosecution, as many as four witnesses have been examined and eleven documents have been exhibited and fifteen material objects have been marked on the side of prosecution.